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Complete revisal of all the acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expired, or repealed: with marginal notes and references, and an exact table to the whole

38o LAWS of North-Carolina.
^. D. 1768. nifhee fliall be returned by the Sheriff or other Officer, fummoned in Manner afore-faid,
and fliall fail to appear and difcover, on Oath, in Manner by this Ad direil-ed,
it fliall be lawful, and the Court is hereby authorized, to enter a conditional
Judgment againfl: fuch Garniihee-, and if he fliall fail to appear at the next Court,
and difcover, on Oath, in Manner aforefaid, the Court fliall, and are hereby re-quired,
to confirm fuch Judgment, and award Execution for the Plaintiff's whole
Debt or Damages, and Coflis,
Atiichment may
be granted againft
the Lani^s of P.;r.
ions out of the
Vx vince ; and
Proceedings there-on.
"flue replevia-ble.
XLI. AND whereas divers Pcrfons pofTeffed of Lands, Tenements, and
Hereditaments, within this Province, have contracted, or who may contract Debts
with Merchants and others, or have committed or may commit Torts or Injures to
Perlbns therein, and refide out of the Province^, vv'ithout having Perfonal Eflate
within the lame to fatisfy fuch Debts or Damages : For Remedy whereof. Be it En-'
atled, by the Authority afore/ad. That any Juftice fliall and may grant an Attachment
at the Prayer of fuch PerIon or Perfons, his or their Agent or Faflor, to whom
fuch Debtor or Debtors fliall be indebted, or to whom fuch Tort or Injury hathj
or may be done, direfted to the Sheriff of the County where the Lands lie, return-able
to the Court wherein the fame is cognizable : And if the Sheriff return, that
the Perfon has no perfonal Eftate within his Bailiwick, the Court fliall grant Judg-ment
by Default (which Judgment, in Adions of Debt, fliall be final) at the next
Court ; and in other Adions, a Writ of Enquiry fhall be executed, on the Plain-tiff's
Motion, and a Writ of Fieri Facias fhall be awarded, returnable to the next
Court after fuch final Judgment •, which Writ the Sheriff is hereby impowered and
direded to execute and return, in the fame Manner, and under the fame Rules and
Refl:ridions, as other Writs of Fieri Facias within this Colony, are to be executed
and returned.
XLTI. PROFID ED always^ That it fliall be lawful for any Perfon^ againfl:
whofe Efl:ate any Attachment has iffued as aforefaid, at any Time before fuch final
Judgment entered, or Writ of Enquiry executed, upon giving fpecial Bail, to re-plevy
the Goods attached, and plead to Iffue, fo that the Plaintiff is not thereby
delayed of his Tryal.
XLin. AND for Prevention of Error in iflliing Attachments, and taking
Bonds thereupon ; Be it Enaited., by the Authority aforefaid. That the following
Form fliall be obferved and ufed ; that is to fay, the Attachment as followeth, viz.
Form of the At-tachment
NORTH-CAROLINA, County, fT.
EORGE the Third, by the Grace of God, of Great Britain, France, and
Ireland, King, Defender of the Faith, ^c. 'To the Sheriff of County,
Greeting. Whereas A. B. hath complained, on Oath, to
Court, — that E. F. late of yOur County,
Juftice of the
to him in the Sum of
is juftly indebted
(or hath endamaged him to the amount of )
and Oath having been alio made, that the faid E. F. hath removed himfelf privately
out of your faid County, or fo abfconds or conceals himfell that the ordinary Fro-cefs
of Law cannot be ferved on him, and hath given Bond and Security, according
to the Diredions of the Ad of Afi"embly in fuch Cafe made and provided : We
therefore Command you, that you attach the Eftate of the faid E. F. (if to be
found in your Bailiwick) or fo much thereof, repleviable on Security given, as
fhall be of Value fiifhcient to fatisfy the faid Debt, or Damages (according to the
Complaint) and Cofts •, and fuch Eftate fo attached, in your Hands to fecure, or
fo to provide that the fame may be liable to further Proceedings thereupon to be
had at ?ur next Court, to be held for the of at on
the — Day of next, fo as to compell the faid E. F. to appear, and
anfwer the above Complaint of the faid ^, B. when and where you fliall make
known to our faid Court how you fliall have executed this Writ. Witnefs
Efquire, Juftice of our faid at the Day of in
the Year of our Reign, Anno Bonn
Which

38o LAWS of North-Carolina.
^. D. 1768. nifhee fliall be returned by the Sheriff or other Officer, fummoned in Manner afore-faid,
and fliall fail to appear and difcover, on Oath, in Manner by this Ad direil-ed,
it fliall be lawful, and the Court is hereby authorized, to enter a conditional
Judgment againfl: fuch Garniihee-, and if he fliall fail to appear at the next Court,
and difcover, on Oath, in Manner aforefaid, the Court fliall, and are hereby re-quired,
to confirm fuch Judgment, and award Execution for the Plaintiff's whole
Debt or Damages, and Coflis,
Atiichment may
be granted againft
the Lani^s of P.;r.
ions out of the
Vx vince ; and
Proceedings there-on.
"flue replevia-ble.
XLI. AND whereas divers Pcrfons pofTeffed of Lands, Tenements, and
Hereditaments, within this Province, have contracted, or who may contract Debts
with Merchants and others, or have committed or may commit Torts or Injures to
Perlbns therein, and refide out of the Province^, vv'ithout having Perfonal Eflate
within the lame to fatisfy fuch Debts or Damages : For Remedy whereof. Be it En-'
atled, by the Authority afore/ad. That any Juftice fliall and may grant an Attachment
at the Prayer of fuch PerIon or Perfons, his or their Agent or Faflor, to whom
fuch Debtor or Debtors fliall be indebted, or to whom fuch Tort or Injury hathj
or may be done, direfted to the Sheriff of the County where the Lands lie, return-able
to the Court wherein the fame is cognizable : And if the Sheriff return, that
the Perfon has no perfonal Eftate within his Bailiwick, the Court fliall grant Judg-ment
by Default (which Judgment, in Adions of Debt, fliall be final) at the next
Court ; and in other Adions, a Writ of Enquiry fhall be executed, on the Plain-tiff's
Motion, and a Writ of Fieri Facias fhall be awarded, returnable to the next
Court after fuch final Judgment •, which Writ the Sheriff is hereby impowered and
direded to execute and return, in the fame Manner, and under the fame Rules and
Refl:ridions, as other Writs of Fieri Facias within this Colony, are to be executed
and returned.
XLTI. PROFID ED always^ That it fliall be lawful for any Perfon^ againfl:
whofe Efl:ate any Attachment has iffued as aforefaid, at any Time before fuch final
Judgment entered, or Writ of Enquiry executed, upon giving fpecial Bail, to re-plevy
the Goods attached, and plead to Iffue, fo that the Plaintiff is not thereby
delayed of his Tryal.
XLin. AND for Prevention of Error in iflliing Attachments, and taking
Bonds thereupon ; Be it Enaited., by the Authority aforefaid. That the following
Form fliall be obferved and ufed ; that is to fay, the Attachment as followeth, viz.
Form of the At-tachment
NORTH-CAROLINA, County, fT.
EORGE the Third, by the Grace of God, of Great Britain, France, and
Ireland, King, Defender of the Faith, ^c. 'To the Sheriff of County,
Greeting. Whereas A. B. hath complained, on Oath, to
Court, — that E. F. late of yOur County,
Juftice of the
to him in the Sum of
is juftly indebted
(or hath endamaged him to the amount of )
and Oath having been alio made, that the faid E. F. hath removed himfelf privately
out of your faid County, or fo abfconds or conceals himfell that the ordinary Fro-cefs
of Law cannot be ferved on him, and hath given Bond and Security, according
to the Diredions of the Ad of Afi"embly in fuch Cafe made and provided : We
therefore Command you, that you attach the Eftate of the faid E. F. (if to be
found in your Bailiwick) or fo much thereof, repleviable on Security given, as
fhall be of Value fiifhcient to fatisfy the faid Debt, or Damages (according to the
Complaint) and Cofts •, and fuch Eftate fo attached, in your Hands to fecure, or
fo to provide that the fame may be liable to further Proceedings thereupon to be
had at ?ur next Court, to be held for the of at on
the — Day of next, fo as to compell the faid E. F. to appear, and
anfwer the above Complaint of the faid ^, B. when and where you fliall make
known to our faid Court how you fliall have executed this Writ. Witnefs
Efquire, Juftice of our faid at the Day of in
the Year of our Reign, Anno Bonn
Which